1

From
B.R. RAJEEV
Advocate,
Jeyessar, Legal Solutions, 2nd Floor,
Arafa Complex, Cherootty Road,
Kozhikode, Ph: 9446654534
advrajeevatholi@gmail.com

To
The Manager
Canara Bank,
Thalakulathoor Branch,
Calicut- 673314

Dear Sir,
With reference to your Letter Dated 31.05.2017. I submitting my scrutiny
report of the Immovable Property of Puthiyedathkandy Usman and Rahila,
having an extent of 17/ Cent in Re-Survey No: 36/6 of Kogannur Desom
and, Atholi Village, of Koyilandy Taluk, and Kozhikode District.

1. Name & Address of Mortgagor/ Title Holder

Usman, 54 years, S/o. Pakkuhaji, and Rahila 46 years, W/o. Usman,
Puthiyedathkandy (Ho), Kogannur Desom and, Atholi Village, of Koyilandy
Taluk, and Kozhikode District.

ANNEXURE II
LEGAL SCRUTINY REPORT

Sl. Particulars Remarks

N
o
1. Nature of Title Full Ownership
(Ownership/Leasehold/Occupancy/
Govt. Grant/Allotments etc.
2. If Leasehold, whether
a) Lease deed is duly stamped NA
and registered
b) Lessee is permitted to NA
mortgage the Leasehold right
c) Duration of the Lease/ NA
unexpired period of lease
d) If a sub-lease, check the lease NA
deed in favor of Lessee as to
whether Lease deed permit
sub-leasing and mortgage by
sub-lessee also.
3 If Govt. grant/allotment/Lease-cum- NA
Sale agreement, whether
a) Grant/agreement etc. provides
for alienable rights to the
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mortgagor with or without

conditions.
b) The mortgagor is competent to NA
create charge on such
property.
4 If Occupancy right, whether NA
a) Such right is heritable and
transferable
b) Mortgage can be created NA

5 a) Whether provisions of Urban NA

Land Ceiling Act applicable/
permission obtained.
b) Whether NOC under income NA
Tax Act is required/obtained
c) Whether records with the NA
Registrar of Assurances
verified (If applicable)
6 Whether there are claims from No minor Claim found as per the
Minor/s and his/their interest in the perused documents.
property/ies. Specify the share of
minor/s with name.
7 In case of Agricultural land, the NA
position regarding creation and
enforceability with regard to local
laws.
8 In case conversion of Agricultural NA
land for commercial purposes,
whether requisite
procedure/permissions complied
with/obtained.
9 a) In case of partition/ NA
settlement deeds, whether
original deed is available for
deposit. If not the modality/
procedure to be followed to
create a valid mortgage.
b) Whether mutation has been NA
effected and the mortgagor
is in possession and
enjoyment of his share.
c) Whether the partition is valid NA
in law?
10 a) In case of partnership firm, NA
whether the property belongs
to the firm and registered.
b) Whether the person/s creating NA
the mortgage has/have the
authority to execute on behalf
of the firm
11 In case of Limited Companies, verify NA
the Borrowing Power Resolution,
authority to create mortgage/
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execution of documents, any prior

charges with ROC, MOA/AOA,
Provision for common seal etc.
12 In case of Societies/Associations, NA
verify requisite resolution, bye laws,
powers to borrow, encumbrances etc.
13 In case of POA holder, verify the NA
genuineness of POA and the extant
of powers. Whether the POA is
promptly executed/
stamped/authenticated/ enforceable
as per the law of the place
14 If the property is a flat/ apartment or NA
residential/ commercial complex,
verify
(a) Promoters/ Land owners title
to the land/building.
(b) Whether the flats are NA
developed by the Land owner
or constructed on joint
development basis
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(c) Development agreement/POA NA

(d) Extent of authority of the NA
Developer/ Builder
(e) Whether the construction is NA
approved by the competent
authority?
(f) Independent title verification of NA
the land or building in question
(g) Agreement of sale (duly NA
registered).
(h) Whether it is a second/ NA
subsequent sale
(i) Payment of proper stamp NA
duty? NA
(j) Conveyance in favor of the
Society/Condominium
Concerned NA
(k) Occupancy
certificate/allotment letter/ NA
letter of possession
(l) Membership details in the NA
Society etc. NA
(m)Share certificates NA
(n) NOC from the Society
(o) Latest maintenance charges NA
paid receipt from Society
(p) Whether proportionate share
in land is transferred to the NA
Mortgagor.
(q) Documents evidencing NA
possession such as Telephone
Bill, electricity bill, Tax paid
receipt etc.
(r) Other legal requirements NA
under the local/Municipal laws
with regard to ownership of
flats/ apartment/ building
regulations, Society laws etc.
15 In case of joint family property and NA
mortgage created for family benefit
/legal necessity, verify Whether major
coparceners have no objection,
joined in execution, rights of female
members, minors shares etc.
16 Genealogical tree is to be drawn up NA
wherever the title has been acquired
by succession
17 Pending litigations/ Court No pending litigations court
attachments / injunction /stay orders/ attachments / injunctions/ stay
acquisition by the Govt / Local orders/ acquisition by the
authorities etc. if any.
Govt/Local Authorities were
found as per the documents
perused before me.
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18 Any other matters affecting the NA

proposed creation of mortgage not
covered elsewhere.

Calicut B.R. Rajeev

04.06.2017
Advocate

Certificate Inspection/Verification of Records of Landed property at

Registrar/Sub-Registrars office, Chemancheri

To,
The Manager
Canara bank,
Thalakulathoor Branch,
Calicut 673317

Dear Sir,
Sub: Verification of records of Landed property at Registrar/Sub
Registrars office, Chemancheri

This is to confirm that I have visited the Registrar/Sub Registrars

office at Chemancheri on 01.06.2017 and verified the details of the
property standing in the Name of Sri. Usman, 54 years, S/o. Pakkuhaji,
and Rahila 46 years, W/o. Usman, Puthiyedathkandy (Ho), Kogannur
Desom and, Atholi Village, of Koyilandy Taluk, and Kozhikode District.

The property details are as under

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Re. Survey No : 36/6

Sy. No : 25/3
Khata No. 52483-5248287(property tax receipt for the year 2017.2018)
Boundaries as per Title deed:
East - Mundakkal parambh
North - Thannile shesham vadake gatam kararile 2amm number
West - Thannile shesham kararile 4ammm number sthalam
South - Thazhathidathil parambh

Further, I certify as under:

That I have verified the records of material title deed No. 2010/1991
dated 11.09.1991 from the officer of the Sub Registrar Chemancheri and
confirm that, the original deed available with the bank is genuine. Search
receipt no 842/2017 produced here with

SI. Stamp paper Vendor Purchasers Stamp vendors

No. amount S.I. Nos. Name Name
1 Rs. 500 6734 Usman K.P Gopalan
2 Rs. 100 6735 Usman
3 Rs. 30 6736 Usman
4 Rs. 20 6737 Usman

That there are no prior charges over the said property and Sri. Usman and
Rahila, is the absolute owner of the said property as per the records
available and verified by me in the Registrar/Sub registrars office

Calicut B.R. Rajeev

04.06.2017
Advocate

ANNEXURE IV
LEGAL SCRUTINY REPORT

Description of the documents scrutinized:

Sl. No. & Date of the Name of Document Whether

No Document
. Certified/True
1 No.2010/1991
Dated . 11.09.1991
2 No. 1993/1991
Dated.07.09.1991
3 No. 1979/1982
original
copy/
Photostat
Janmam Assignment deed executed Original
by Rahila in favour of Usman SRO
Chemancheri,
Gift deed executed by Abdula in Original
favour of Rahila, SRO Chemancheri,
for an extent of 17/ cent.
Partition deed executed by Abdula Notarized
and others SRO Chemancheri
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Dated. 23.08.1982 copy

4 No.2006/2017 Encumbrance Certificate issued by Original
Dated 21.04.2017 SRO Chemancheri covering the
period 01.01.1991 to 20.04.2017.
5 No. /2017 Possession Certificate issued by V.O. Original
Dated. 06.2017 Atholi for an extent of 17/ Cents
6 No. 52483-5248287 Land Tax Receipt issued by V.O. Original
Dated. 17.04.2017 Atholi for an extent of 17/ Cents
7 No. 363/2017 Location Certificate issued by V.O Original
Dated. 02.05.2017 Atholi for an extent of 17/ Cents
8 No.386/2017 Location Sketch issued by V.O Atholi Original
Dated. 02.05.2017 for an extent of 17/ Cents
9 No.363/2017 Survey Sketch issued by V.O Atholi Original
Dated. 02.05.2017 for an extent of 17/ Cents
10 No.Bt.11/440 Building Tax Receipt issued by Atholi Original
Dated. 25.03.2017 Grama Panchayath
11 No. 842/2017 Search receipt issued by SRO. Duplicate
Dated . Chemancheri

B. Description of Property/properties (as per location certificate)

Ite Survey No. Extent of Area/s (in Location Boundaries

m acres/hectares)
No E N W S
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Mundakkal parambh

gatam kararile 2amm numberThannile shesham vadake

Thannile shesham kararile 4ammm number sthalam

Thazhathidathil parambh
1 S. No. 25/3 Puthiyedathkandy Kogannur
R.S. No. 36/6 enna Desom of
puthiyedathkandy Atholi Village
parambile thekk
gattathile kizhakk
bhagam sthalathil
kizhakk bhagam
parambh 6 fe 14 /
X the.va 13
me 26.05X24.63
(0.070 fe)

C. Tracing of Partys title for the last 13/30 years. If connected title deeds
reveal any circumstances or incidence, which necessitate further tracing of
partys title, it shall also be done.
Security property along with other properties are originally belonged to
Meppillatt Ravindhran and others vide registered Gift deed No 579/1968
SRO Kakkodi. There after they obtained Janmam right from Land Tribunal
Chelannur vide Purchase Certificate No. 103/1974 (said document is
produced as 8 in the list). There after they holding the property in joint
possession ownership and enjoyment.

While so they assigned a right over the property in favour of

Hamsakoya by way of a Janmam Assignment deed vide document
No.1754/1987 SRO kakkodi. (Said document produce as 4 in the list).
There after Hamsakoya Assigned his right over the property in favour of
Muhammed Ali Haji by way of a Janmam assignment deed vide document
No. 494/1993 SRO Kakkodi. (Said document no produced as 3 in the
list). The said document was executed by the Power of Attorney holder of
Hamsakoya. Said power of Attorney was attested and executed properly
before Indian Consulate at Jidda Saudi Arabhia,. ( Photo copy of the said
document is Doc. No. 7 in the list).
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There after said Muhammed Ali Haji is holding the property in full
ownership Possession and enjoyment over the property while so he execute
a janmam assignment deed in favour of T.A Salim. Vide Doc. No. 3964/1994
SRO Kakkodi. (Said document produced as document no 2 in the list).

Out of 37.44 Cents of Land Mr. T.A Salim assigned 4.20 Cent Land in
favour of Devesh Dev .K vide document No.2238/2009.SRO Kakkodi. (Said
document produced as document no 1 in the list.)

Thus Mr. Usman and Rahila herein are absolute, ownership,

possession and enjoyment in the scrutinized property comprised in Re.
Survey No. 36/6 in Kogannur desom and Atholi Village of Koyilandy Taluk.
for an extent of 17/ cents.

The following aspects may kindly be looked into:-

The party has produced the Photo copy of the title deed No.
2010/1991 (Janmam Assignment deed) before me. The original of the Said
document should be deposited with the Bank. The party has also produced
the Photo copy of back Document No . (. Assignment deed)
before me. The said document covers the same property for the 17 Cents
of land. The title deed was executed by the power of Attorney holder of the
assignee said Power of Attorney was executed and attested promptly before
Indian Embassy.

D. Encumbrance certificate for a period of 30 Years for all the items of

properties subject to C above

As per the encumbrance certificate No. 2006/2017 and dated

21.04.2017 covering the period 01.01.1991 to 20.04.2017 no existing
encumbrance is seen over the property for the above period.

E. Evidence of possession findings on documents and revenue

records.

As per the photo copy of the Possession Certificate No. dated

issued from Village Office, Atholi the present title holder by name. Sri.
Usman and Rahila is having absolute possession over the concerned
property having an extent of 17/ Cents. Situated in R.S. No. 36/6 of
Atholi Village in Koyilandy Taluk and Kozhikode District.
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F. The Documents to be deposited for creation of valid and

enforceable mortgage and the specific person who are required to create
mortgage /to deposit documents creating the mortgage.

The documents to be deposited are the original Janmam Assignment

Deed No 2010/1991 dated 11.09.1991 executed by Usman in favour of his
Wife Rahila (present title holder) registered at SRO Chemancheri Mr.
Usman and Rahila has to be create mortgage.

Certificate of title should clearly disclose.

1. Whether the parties have an absolute, clear and marketable title
over the property proposed to be mortgaged - Yes

2. Whether the parties can execute valid simple/equitable mortgage in

favor of the bank - Yes

3. Whether any of the property intended to be given by way of

mortgage is subjected to any minors or any other claims No

Calicut B.R. Rajeev

Advocate
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Certificate to be issued by the advocate who scrutinized the

documents

I have gone through the original title deeds intended to be deposited relating
to the property and offered as security by way of simple/equitable mortgage
and that the documents of title referred to above are perfect evidence of title
and that if the said simple/equitable mortgage and I further certify that:

1. I have made a search in the land/revenue records and do not find

any adverse features, which would prevent the title holders from
creating a valid mortgage.
2. I have visited the Registrar Sub Registrars office on Chemancheri
and verified the records/details of the property belonging to Sri.
Usman and Rahila
3. There are no prior mortgages/charges whatsoever as could be
seen from the encumbrances certificate for the period from
01.01.1991 to 20.04.2017 pertaining to the immovable property/ies
covered by the above said title deed.
4. There are mortgages/charges to the extent of 17 Cent. which
are liable to be cleared or satisfied by complying with the
following:- No prior mortgages seen as per the documents
produced before me.
5. There are claims from minors and his/their interest in the
property/ies is to be extent of 17 Cent. (Specify the share of
minors with name). No minors claim or share is visible as per the
documents produced before me.
6. The undivided share of the minor/s is (Whether there is claim or
not) (Specify the share of minor/s)- Not applicable.
7. The property/ies are subject to the payment of specify the liability
that is fastened or could be fastened on the property/ies-No liability
or charge is seen as per the documents produced before me.
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8. Provisions of Urban Land Ceiling Act are not applicable/permission

obtained-Not applicable
9. Holding/acquisition is in accordance with the provisions of the Land
Reforms Act- Yes
10. The mortgage if created will available to the Bank for the liability
of the intending borrower Sri. Usman and Rahila.
11. I certify that the present title holder Sri. Usman and Rahila has a
valid and marketable title in the property/ies shown above.
Calicut Advocate
04.06.2017
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From, Place: Kozhikode

Date: 04.06.2017
B.R. RAJEEV
ADVOCATE
JEYESSAR, LEGAL SOLUTIONS,
ARAFA COMPLEX, CHEROOTTY ROAD
KOZHIKODE, Ph: 9446654534
advrajeevatholi@gmail.com

To,
THE MANAGER
CANARA BANK,
THALAKULATHOOR BRANCH,
CALICUT- 673314

Dear Sir,
With reference to your Letter Dated 31.05.2017 I submitting
my scrutiny report of the Immovable Property of Mr. Usman and
Rahila.

LIST OF DOCUMENTS

Sl. No. & Date of the Name of Document Whether original

No. Document Certified/True copy/
Photostat
1 No.2010/1991 Janmam Assignment deed Original
Dated .
11.09.1991
2 No. 1993/1991 Gift deed Original
Dated.07.09.1991
3 No. 1979/1982 Partition deed Notarized copy
Dated. 23.08.1982
4 No.2006/2017 Encumbrance Certificate Original
Dated 21.04.2017
5 No. /2017 Possession Certificate Original
Dated. 06.2017
6 No. 52483- Land Tax Receipt Original
5248287
Dated. 17.04.2017
7 No. 363/2017 Location Certificate Original
Dated. 02.05.2017
8 No.386/2017 Location Sketch Original
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Dated. 02.05.2017
9 No.363/2017 Survey Sketch Original
Dated. 02.05.2017
10 No.Bt.11/440 Building Tax Receipt Original
Dated. 25.03.2017
11 No. 842/2017 Search receipt Duplicate
Dated .

Calicut
04.06.2017 B.R. Rajeev

Advocate